UNGA THIRD COMMITTEE RESOLUTION -- "IMPROVING THE

UNCLAS STATE 120273

SIPDIS

E.O. 12958: N/A
TAGS: AORC SIPDIS UN UNGA PHUM SOCI KWMN
SUBJECT: UNGA THIRD COMMITTEE RESOLUTION -- "IMPROVING THE
COORDINATION OF EFFORTS AGAINST TRAFFICKING IN PERSONS"

REF: 9NOV09 UNGA THIRD COMMITTEE DRAFT RESOLUTION
"IMPROVING THE COORDINATION OF EFFORTS
AGAINST TRAFFICKING IN PERSONS"



1. BACKGROUND.

Negotiations on Belarus' trafficking in persons (TIP)
resolution are wrapping up. Last draft resolution is the
November 10 version. A major area of contention throughout
the negotiations was how the draft resolution would
characterize a Global Plan of Action (GPOA) on TIP. Belarus
and Egypt in particular have pushed for language saying that
there should be intergovernmental negotiations to draw up a
GPOA. The United States and other member states, including
most of the EU countries, are not convinced of the merits of
a GPOA and have resisted such wording.

OP 8 reads as follows. The EU is willing to accept this
wording.

"OP 8. Takes note with appreciation of the decision of the
President of the 63rd session of the General Assembly to
appoint the co-facilitators to start the consultations and
consideration by Member States of a UN global plan of action
on preventing trafficking in persons, prosecuting traffickers
and protecting and assisting victims of trafficking and
stresses the need that the consultations be held in an open,
inclusive and transparent manner, taking into account all the
views expressed by Member States."



2. ACTION REQUEST.


A) If the text of the resolution remains as it is now,
Mission should join consensus with an EOP.

BEGIN EOP POINTS.

-- The United States has agreed to join consensus on this
resolution with an Explanation of Position.

-- We all share a common desire to renew our collective
efforts to confront human trafficking. We must recognize the
fact that slavery continues to exist in the 21st century. At
every level -- national, regional, and international -- much
work remains to be done to prevent and combat trafficking in
persons.

-- The United States remains firmly convinced that
international attention needs to be focused on implementing
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime. While more countries have adopted comprehensive
anti-trafficking legislation, there has been a 35 percent
reduction in the global number of prosecutions of traffickers
over the last six years, and convictions of traffickers
remain unacceptably low. Effective enforcement of national
anti-trafficking laws is a necessary deterrent.

-- For those countries who argue that not all member states
are parties to the TIP Protocol, it and the UN Convention
against Transnational Organized Crime is open to accession by
ALL states. Additionally, the rules of procedure to the
Conference allow for the participation of non-parties as
observers.

-- In practice, there is no difference between the
participation of states parties and that of state observers,
as decisions have been taken by consensus with the input of
observers. The COP is only exclusionary by choice, i.e.,
governments who lack a commitment to combat TIP choose not to
engage.

-- The United States remains extremely skeptical that a
Global Plan of Action will have any substantive impact
leading to improved anti-trafficking responses. Instead, we
will have another exercise that will distract governments
from what they need to do to address human trafficking
aggressively within their own countries. While international
coordination of efforts is very important, governments need
to first do more at home to prevent trafficking, punish the
traffickers, and protect and assist the victims.
International coordination could prove helpful if the purpose
was to bring donors and possible implementers together to
work with committed governments that have limited resources.


END EOP POINTS.


B) If Egypt or another member state amends the resolution,
possibly through a floor amendment, so that it is no longer
acceptable to the U.S. -- for example, amending the wording
to read that member states support and will act to develop a
GPOA -- and if another member state calls for a vote on the
resolution, Mission should vote NO and deliver an Explanation
of Vote.

If the resolution is amended so that it is not acceptable to
the U.S., but no other member state calls for a vote, USDEL
should not/not call for a vote, provided that the resolution
text does not change significantly to negatively affect vital
U.S. interests. It is unlikely that the EU would vote NO
with us, and given the USG's high profile on TIP issues, it
would be awkward for us if we called a vote and were
isolated. In this instance, Mission should join consensus on
the resolution and deliver the EOP above.


BEGIN EOV POINTS.

-- The United States votes NO on this resolution and would
like to deliver our Explanation of Vote.

-- First of all, the United States appreciates the efforts of
the Chair to show flexibility on the latest text of the
resolution on "Improving the Coordination of Efforts Against
Trafficking in Persons." We all share a common desire to
renew our collective efforts to confront a modern-day form of
slavery that is human trafficking. We must recognize the
fact that slavery continues to exist in the 21st century. At
every level -- national, regional, and international -- much
work remains to be done to prevent and combat trafficking in
persons.

-- The United States voted NO on this resolution on
principle. This action should not be interpreted in any way
as a lack of U.S. commitment to fighting human trafficking.
The Obama Administration firmly believes that international
attention must remain focused on implementing the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime.

-- A global plan of action is unlikely to have any
substantive, positive impact, and will not lead to improved
responses to trafficking for those governments that lack the
political will or resources, or both, to improve their own
national efforts.

-- The UN Convention against Transnational Organized Crime
and its Trafficking in Persons Protocol is open to accession
by ALL states. Additionally, the rules of procedure to the
Conference allow for the participation of non-parties as
observers.

-- In practice, there is no difference between the
participation of states parties and that of state observers,
as decisions have been taken by consensus with the input of
observers. The COP is only exclusionary by choice, i.e.,
governments who lack a commitment to combat TIP choose not to
engage.


END EOV POINTS.
CLINTON